Secret U.S. Memo Made Legal Case to Kill a Citizen
By CHARLIE SAVAGE
Published: October 8, 2011
WASHINGTON — The Obama administration’s secret legal memorandum that opened the door to the killing of Anwar al-Awlaki, the American-born radical Muslim cleric hiding in Yemen, found that it would be lawful only if it were not feasible to take him alive, according to people who have read the document.
The memo, written last year, followed months of extensive interagency deliberations and offers a glimpse into the legal debate that led to one of the most significant decisions made by President Obama — to move ahead with the killing of an American citizen without a trial.
The secret document provided the justification for acting despite an executive order banning assassinations, a federal law against murder, protections in the Bill of Rights and various strictures of the international laws of war, according to people familiar with the analysis. The memo, however, was narrowly drawn to the specifics of Mr. Awlaki’s case and did not establish a broad new legal doctrine to permit the targeted killing of any Americans believed to pose a terrorist threat.
The Obama administration has refused to acknowledge or discuss its role in the drone strike that killed Mr. Awlaki last month and that technically remains a covert operation. The government has also resisted growing calls that it provide a detailed public explanation of why officials deemed it lawful to kill an American citizen, setting a precedent that scholars, rights activists and others say has raised concerns about the rule of law and civil liberties.
But the document that laid out the administration’s justification — a roughly 50-page memorandum by the Justice Department’s Office of Legal Counsel, completed around June 2010 — was described on the condition of anonymity by people who have read it.
Comments
Call me whatever you may, but I just want this all to come on so we can it over and done with. Time to get back to the basics of life and each other.
I remember a time you could leave your house and car unlocked for days and no one would mess with it. Water from a garden hose, catching fireflys was an all time cool thing to do, neighbors helped each other. I miss those times.
Last report I heard, he wasn't killed - a case of mistaken identity.
And, Tammy, you are so right.
The US Government has always authorized assassinations! Why would this man be any different to them?
TPTB have a multitude of organizations that can do their dirty work: Seal teams, Recon, Rangers, Black Tigers, CIA, and many more. They will never give us the answer.